The Penalties listed above apply even for a first offense!
This offense is not a joke, it is important that you select a Lawyer not based
on price but on experience and reputation. The Law Office of H. Scott
Aalsberg has handled thousands of offenses and knows how to reduce
these penalties. Under N.J. Law a driver of any motor vehicle involved in
an accident resulting in damage in the amount of $250.00 or more to any
vehicle or property or an accident resulting injury or death to any person
shall be presumed to have knowledge that he/she was involved in such
accident. Accordingly even if you were not aware that an accident
occurred you may still be convicted of this offense and lose. Don't risk jail
and the loss of your license, you need a proper defense. The sooner one
of our lawyers gets started on the defense for your NJ leaving the scene
of an accident criminal charge the more we can do to help you win!
** Additional penalties and jail time may apply in New Jersey Leaving the scene of the accident cases when the defendant is charged with a violation of R.S.
39:4-50 (DWI) and/or if violation occurs within 1000 feet of school property or school crossing zone or safe corridor zone. H. Scott Aalsberg, Esq., P.C. Main
office address: 39 Milltown Road, East Brunswick, N.J. 08816. Please consult our New Jersey Criminal and Traffic Ticket Lawyers for complete details on
all fines and penalties as the penalties listed in this notice are for informational purposes on offenses we have handled and reduced in the past. Past
performance is not indicative of future performance and each case is fact sensitive, thus, the need for the in office consultation for the attorney to evaluate
your NJ leaving the scene of an accident case. Some leaving the scene of an accident penalties may not apply to people living outside of the state of New
Jersey, please consult an attorney in your state of residence. Copyright 2016 GetNotGulty.com
Understanding the Law:
New Jersey has both a motor vehicle charge known as leaving the scene of an accident and a criminal offense by the same name. The
motor offense is charged as a common ticket. The criminal charge is contained at N.J.S.A. 2C:12-1.1. and generally starts as criminal
complaint (aka green sheet) but can start as a ticket if the police are not aware of the extent of any victims injury and can them be
upgraded to the criminal charge. The criminal offense is an indictable charge with up to 5 years in jail and is generally applied if death
or serious injury is involved when someone leaves the scene of an accident. The Traffic Ticket Offense for leaving the scene of an
accident in New Jersey has a maximum sentence of 180 days in jail. This page here is for information on the criminal offense of leaving
the scene of an accident in New Jersey 2C:12-1.1 for information on the traffic ticket offense 39:4-129 click here. Therefore, below
please find the law on the Criminal Charge:
Leaving the Scene of An Accident in New Jersey the Criminal Charge:
2C:12-1.1 Is the Criminal Charge for Leaving the scene of a motor vehicle accident and is written as follows:
A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances
that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to
another person. The presumption against imprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the
provisions of this section. Nothing in this shall be deemed to preclude an indictment and conviction for aggravated assault or assault by
auto under the provisions of N.J.S.2C:12-1. Nor shall a leaving the scene of an accident charge in New Jersey merge with a conviction
for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each
Whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense,
those sentences shall run consecutively. Neither knowledge of the serious bodily injury nor knowledge of the violation are elements of
the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of
Thus, A hit and run accident which results in death or serious bodily injury is a crime. A driver who is knowingly involved in an accident
and knowingly leaves the scene of that accident is guilty of a crime of the fourth degree and additional charges of assault by auto or
aggravated assault can be charged at the same time as a leaving the scene of an accident charge.
Legal Review of the Law
In New Jersey proving a criminal charge for knowingly leaving the scene of an accident in New Jersey with serious personal injury can be
complicated and the criminal defense lawyers at our firm will make sure the prosecution is challenged in establishing each and every
element of the offense. The main difference between the ticket and criminal charge is merely an injury to another person and that injury
must be serious in nature. In both cases you will lose your drivers license and you can go to jail. The following is a discussion of major
issues arising in these types of cases:
A. Proving a Motor Vehicle Violation for leaving the scene of an accident in New Jersey:
A prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is proof that the suspect violated N.J.S.A. 39:4-129. It must be shown that
the suspect failed to remain at the scene after being involved in an accident. The obligation to exchange information and credentials as
required under the motor vehicle statute would also have to be violated in order for a criminal indictment under this statute to be
sustainable. Thus, the state must prove the same issues in both the ticket and criminal charge for leaving the scene of an accident.
B. The Accident Must Involve Serious Bodily Injury or Death
A charge under N.J.S.A. 2C:12-1.1 is only viable where someone sustained "serious bodily injury". The New Jersey criminal code
defines "serious bodily injury" as an injury involving a substantial risk of death or resulting in serious permanent disfigurement or
protracted loss or impairment of the function of a bodily member or organ.
C. Criminal Responsibility for Leaving the Scene of an Accident - Proof of Defendants Knowledge Needed
Note: the motor vehicle pedigree of the law for leaving the scene of an accident in NJ only requires knowledge on the part of the suspect
that he was involved in an accident which can be presumed if damage to any vehicle is over $250.00. In the criminal charge the
standard is different. In a criminal charge for leaving the scene of an accident the law requires that the state prove that the driver
should have had a "reasonable belief that he or she was involved in an accident" to prove a charge of leaving the scene of an
accident. Reasonable belief is generally defined as what the driver knew or should have known. Thus, in a recent case a court ruled
even where no proof of contact between the drivers car and a pedestrian may have occurred the driver may still be charged and
convicted of leaving the scene of an accident. However, the state must still prove that in a criminal violation for leaving the scene of an
accident that the defendant knowingly left the scene.
D. Merger and Sentencing - No Presumption Against Incarceration Applies to Leaving the Scene of an Accident Charges
In NJ neither aggravated assault nor assault by auto are lesser included offenses of knowingly leaving the scene of a motor vehicle
accident involving serious personal injury. Accordingly, a conviction under N.J.S.A. 2C:12-1.1 does not merge into either of the
aforesaid offenses and an individual could therefore be arrested, indicted and convicted of two of these charges although they arise out
of a single accident. In terms of grading, an individual may be charged with a Third Degree Crime or Fourth Degree Crime under the
statute. The presumption of non-incarceration which would otherwise apply under the New Jersey criminal code for a Third Degree,
Fourth Degree or Municipal Court charge does not apply to leaving the scene of an accident violations.
New Jersey Criminal Leaving the Scene
of the Accident Lawyer Copyright 2018
NJ Criminal Leaving the Scene of the
Accident Lawyer Copyright 2018
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2C:12-1.1 Leaving the Scene of an Accident in New Jersey Criminal Penalties:
- Up to 5 Years in Jail
- May be Charged along with Aggravated Assault
- May be Charged with Assault by Auto
- May be Charged with Death by Auto
- Loss of Drivers License
|Learn How We Can Help Win Your Case
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Verdicts For 25 Years
E. Immigration Consequences for Leaving the Scene of an Accident Charge in NJ:
If you are an immigrant to this country a conviction for leaving the scene of an accident could cause you to be deported or your status
not renewed, if your matter involves bodily injury to another and you serve more than 6 months or more in jail. This conviction could
effect your status even if you are a green card holder or a citizen for less than 1 year, thus the need for skilled representation to make
sure that you get the best result for your charge.
|Attorney H. Scott Aalsberg, Esq., is Ranked Nationally as one of the Top Ten Criminal Defense Atorneys
by the National Academy of Criminal Defense Attorneys and is Ranked one of the Top 100 Trial Lawyers by the National Trial Lawyers, If you want to win your charge you
need the best lawyer. Put Attorney H. Scott Aalsberg, Esq., success rate to work for you.
|H. Scott Aalsberg, Esq., P.C.
Attorney at Law
1028 Route #23 North, Wayne, N.J. 07470
6 Cornwall Court Suite D, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
www.GetNotGuilty.com "When Only Winning Counts"